by Nesly Clerge
She nodded. “Oh yes. He fulfilled his obligations as a husband and father. More than that. He gave them a secure, luxurious life. They’ll never have to worry about anything they need. Or want.”
“How long have you known Kayla Starks?”
“We were best friends in high school and after, until…”
“Until what?”
“Kayla made rude remarks about my husband and our family. Later, we made up. Then we ended the friendship for good. Because of her affairs and… other reasons.”
Parker glanced at the jurors. “Affairs? Not just the one affair, as she testified?” He returned his focus to Jenny Hayes. “Do you know for a fact that Mrs. Starks had more than the one affair she stated she had with Mr. Hessinger?”
“After Kayla and I made up, she invited me to go out with her. Often. She flirted with men. A lot. Always wore low-cut tops and either tight pants or short skirts or dresses. She told me about what she was doing with other men. At first I didn’t believe her. I thought she was just trying to show off; she always has to be the center of attention. Then I saw the truth for myself. I tried to get her to see reason and be faithful to Starks, but I couldn’t. My husband began having trust issues about… my faithfulness. He asked me to tell him the truth about what Kayla and I did when we went out. I also told him about her affairs, including with Ozy. He insisted I end my friendship with her. I did, because I wasn’t willing to lose my family.”
“This going out—it occurred after Mr. and Mrs. Starks were separated?”
“Long before.”
“What did you disclose to your husband about Mrs. Starks’s interactions with other men during this period of socializing?”
“Everything, and that she’d lied to Starks about other men, going all the way back to college. They became a couple the last two years of high school, you see. Anyway, she told me she never wanted to marry Starks. It was just that he’d promised to spoil her and she intended to make him keep that promise. That once the money came in—and it was so much money, she wasn’t about to part with it. She said Starks was having his fun so she was going to have hers. That he could just learn to live with it.”
“When did Mrs. Starks tell you about her relationship with Mr. Hessinger?”
“Almost four years ago.”
“That’s a good deal of time prior to her separation from my client. However, it’s important to know if you have any personal knowledge of their relationship, beyond what Mrs. Starks told you?”
“About two and a half years ago, I saw her and Ozy together. They were in his SUV, behind a restaurant. There’s a side street I sometimes use. That’s how I saw them. Her car was parked behind his.”
“Were they having a conversation in his car?”
Jenny stayed silent but her face burned red.
“You may answer the question, Mrs. Hayes. It’s okay.”
“They were having sex.”
“Please be more explicit.”
“Kayla was moving up and down slowly, on top of Ozy. Her top was bare and Ozy was… he was nuzzling her breasts.”
The judge banged his gavel to quiet chuckles from the gallery and several of the jurors.
“Did you tell any of this information to Mr. Starks?”
“My husband did.”
“Why did he do that?”
The prosecutor said, “Objection. The answer lacks foundation.”
“Sustained.”
“No more questions for this witness.”
The prosecuting attorney focused on his notes for a moment. “Mrs. Hayes, did Mrs. Starks ever disclose to you anything about the defendant’s infidelities?”
Jenny squeezed her hands together. “Yes, but—”
“Did she specifically say the defendant had been unfaithful to her during the course of their marriage?”
“Yes. But—”
Parker jumped up. “Objection. Hearsay.”
“Sustained.”
“I have no further questions.” The prosecutor took his seat.
CHAPTER 14
PARKER CALLED RICHARD Hayes to the stand.
“How did you and Mr. Starks meet?”
“Through my wife, who was friends with Kayla—Mrs. Starks.”
“Your wife testified that her friendship with Mrs. Starks ended as a result of their social activities and how they upset you. What was it about their activities that concerned you?”
“My wife and I socialize together, whereas Starks and Kayla often socialized separately. At first I supported Jenny’s going out with Kayla because I knew she missed the friendship they’d once had. But Jenny started coming home later and later at night. Then I found text messages on her phone, from men hitting on her, men she’d met while out with Kayla. That’s when I insisted she tell me everything that had been going on. I wasn’t about to let Kayla corrupt my wife.”
“Were you surprised by the disclosure of these facts about Mrs. Starks?”
“Yes and no. Kayla’s always been more independent than my wife. Almost to a fault. That’s not accurate. It was to a great fault.”
“What do you mean by independent?”
“She didn’t treat Starks with the respect she should. I guess what I mean is that she isn’t as traditional as my wife is. My wife believes in the sanctity of marriage. Kayla believes in doing whatever she wants.”
“Objection. Witness is stating an opinion.”
“Your honor,” Parker said, “Mr. Hayes is speaking from personal knowledge of Mr. Starks and his wife.”
“Overruled.”
“Why did you tell Mr. Starks what you’d learned about his wife?”
“We’d become good friends. He had a right to know his wife was cheating on him, so he could deal with it.”
“What did your wife tell you about Mrs. Starks and her affairs, including with Mr. Hessinger?”
“Kayla showed Jenny text messages from Ozy and other men from her workplace, which was Ozy’s workplace as well, and also from men she met when she went out. A lot of the messages were explicit about what they’d done and what they wanted to do.”
“You shared this information with Mr. Starks?”
“You’re damn right.” He glanced at the judge and said, “Sorry,” then faced forward. “I felt he needed to know everything. I’d do that for any friend.”
“What were your thoughts when you learned Mr. Starks confronted Mr. Hessinger about his affair with Mrs. Starks?”
Richard Hayes stayed silent.
“Mr. Hayes?”
“Starks has always been level-headed, even when I told him what Kayla was up to. He was understandably upset, but he wanted to save his marriage. I hesitated just now because I feel he has a right to be upset after all she put him through. I know how I felt when I thought…” His hands knotted into fists. “I’ll say this: Starks says he went there to talk then that’s what he did. He says the guy pulled a knife,” Hayes slapped his right thigh, “then that’s what happened.”
The prosecutor glanced up from his notes. “Objection.”
“Sustained. The witness’s last two statements will be stricken from the record.”
“Mr. Hayes, were you aware of any infidelities of the part of Mr. Starks?”
“My wife said Kayla told her about this.”
“But you have no direct knowledge—no proof—that he was unfaithful during his marriage?”
“No. He’s crazy about his wife. Or was.”
“So Mrs. Starks’s claims about her husband’s infidelities may have been as false as her testimony about her relationship with Ozy Hessinger and other men.”
“Objection.”
“I have no further questions.” Parker headed toward his table.
The prosecutor said, “No questions for this witness.”
Parker, still standing, said, “Defense rests.”
The judge raised himself from his chair. “Court will take a fifteen-minute recess.”
Starks whispered to Parker. “Let
me testify. Let me tell them what was really going on all that time, what really happened that night.”
“I can’t do that.”
“Damn it, Mike, put me up there so I can tell the truth.”
“The prosecutor will have you hanging yourself before his third question. You’re too emotional, too volatile. Trust me on this.”
“I feel like a fucking target.” Starks pushed against the table edge. “All right. We’ll do it your way. What’s next?”
“Closing statements. Then the jury leaves to deliberate their verdict.”
Starks’s breathing grew rapid. Not since he’d been a young child had his fate been in anyone’s hands but his. The complete lack of control was intolerable. It was a feeling he never wanted to experience again.
CHAPTER 15
THE PROSECUTOR FACED the jurors.
“Ladies and gentlemen of the jury, whether or not the affair between Mr. Hessinger and Mrs. Starks happened before or after the Starks separated, the defendant had no right to attack or attempt to murder anyone. Yes, Mr. Hessinger is still alive, thanks to his wife’s quick action. But he’s in a coma. It’s unknown as yet whether he will ever recover. And if he does wake, it’s possible that he’ll never be the same again. Perhaps he didn’t deserve his wife’s affections after his indiscretions, but his children did not deserve to lose their father, because for all intents and purposes, he is removed from their life at this time, as a direct result of the defendant’s actions.
He moved closer to the jury box.
“You heard defense call this a crime of passion, an act perpetrated in a moment of emotional distress. To successfully raise such a defense, despite what defense counsel wants you to believe, the defendant must have acted immediately after the provocation—meaning catching his wife and Mr. Hessinger in the act of sexual relations, and having—or taking—no time to calm down. If we eliminate premeditation, which is what the defense counsel wants us to do, charges against the defendant can be lessened. More than that, he can be acquitted. The defendant and his counsel would like that.
“But you cannot forget that the defendant deliberately went to Mr. Hessinger’s house late at night, where his wife and children slept, and with the intent to confront Mr. Hessinger. Otherwise,” he raised his hands in question, “why was he there? Defense wants you to believe it was to have a calm, rational conversation. Yet, the defendant’s own wife spoke of his violent temper, how he destroyed some of their property in his fits of rage.
“Defense wants you to believe the defendant showed up at the Hessinger house on more of a whim rather than as a calculated plan, and that the situation went awry. How does anyone simply show up anywhere? It can’t happen. A decision to go somewhere specific has to be made, unless, of course, the defendant wants you to believe he happened to be driving by the Hessinger house on his way to somewhere else late at night and spontaneously decided it was a good idea to—after nearly an entire year of separation with his wife—wake the Hessinger household and… have a chat.”
He paused, taking a moment to meet the eyes of a number of jurors.
“That’s not what happened. The defendant made a deliberate choice to go there. Whether that was five minutes before he went or five months or five years shouldn’t matter. The result is the same: It was decided and planned in advance. You have to consider whether or not it’s likely that a man with a violent temper, who selfishly puts his ‘fragile’ ego above rationality, planned nothing more than stopping by—after midnight—to make a statement such as, ‘Even though my wife and I are no longer together, even though your affair with her has been over for months, even though she’s made it obvious she no longer wants to be married to me, I want to get you in trouble with your wife.’ And then leave.”
Starks whispered to Parker, “Not true. She was begging me to come back to her. I’m the one who refused after finding out the truth.”
Parker gestured for him to keep quiet then put his attention back on the prosecutor.
“Yes, Mrs. Starks admitted to being involved with Mr. Hessinger. Yes, the defendant and his wife did separate. And, the defendant,” he turned and pointed at Starks, “was so broken-hearted about his wife that he immediately got into another relationship, which he’s still involved in.”
The prosecutor turned back to the jurors and smiled. “So why go see Mr. Hessinger? The word was used, ladies and gentlemen: Entitled. Rather than realize or admit his wife no longer loved him and had chosen to end an unsatisfactory and possibly inevitable violent relationship with her husband, the defendant felt entitled. But entitled to what? He was involved with another woman. Why not move on—or is the defendant not as rational and peaceful as we’ve been asked to believe?
“The defendant deliberately went to the Hessinger home late at night, catching his victim unaware. He deliberately attacked Ozy Hessinger on the doorstep of his home, an attack witnessed by Mrs. Hessinger. He then deliberately entered the Hessinger home and continued his attack, becoming more and more violent, not even stopping when two children watched the brutality he committed against their father. With the exception of his hands, which had minimal personal injury brought about by his own actions, the defendant had no defense wounds. No wounds at all.
“What Mr. Starks did was a grievous offense, one that has caused as yet untold, long-term damages to the victim and his family. The defendant is a highly successful businessman. A businessman used to analyzing his competition and doing what it takes to win. According to others, he’s proven himself adept at calculating his wins. This time, he miscalculated: he was caught in the act by police.
“Defense counsel wants you to believe this was a crime of passion.” He shook his head. “This was no crime of passion; it was a crime of violent temper.
“Ladies and gentlemen, I ask you to consider the evidence put before you today. There’s only one verdict you can give, as I’m sure you realize: guilty of all charges.”
Starks slumped forward. “God help me.”
Parker said, “My turn.”
CHAPTER 16
PARKER STOPPED WHEN he was even with the witness stand then faced the jury.
“Frederick Starks fell in love with his wife, Kayla, in high school. This was no schoolboy crush; it was deep, abiding love, evidenced by the fact that they have been a couple since those teenage years until a little less than a year ago. Mr. Starks believed he and his wife would spend their lives together with their children and someday their grandchildren. That dream was crushed. Not by Mr. Starks, but by his wife, the woman he cherished and provided so well for all these years. And this was abetted by the actions of her lover, Ozy Hessinger.
“The prosecution wants you to believe Mr. Starks is a calculating man. A good businessman has to be, in some measure. But you heard testimony that proves Mrs. Starks is even more so. It was said by her that she never wanted to marry her husband.” He glanced at Starks. “She did, however, want to make certain he spoiled her, as he’d promised to do.” He returned his gaze to the jurors. “Which he did. Whatever she wanted, she could have. She and their three young children have been well provided for, and will continue to be so, as a result of Mr. Starks’s consistent efforts for more than two decades.
“Some people are harsh when it comes to people who have his level of success. But I ask you to consider what it’s like to study hard and work your way through college so that you can support your family. And not just help your family, but be generous with friends and members of the community who are in need, as Mr. Starks has done. To build a business that provides employment and good livelihoods for others and their families. What type of character must this person have? Is Mr. Starks to be judged because of his success and his generosity ignored?
“How would it feel to struggle for years then have the person you trust and love most betray you in a way that devastates you and destroys the family you cherish and worked so hard for?” He waved his right hand. “This might lead to feeling crushed, angry even. Maybe you�
��d walk away from it; take your licks. Or maybe you’d feel justified in telling the person or people involved exactly what they’ve done. Let them know how their actions have harmed your family, especially your young children. And maybe during that conversation, you find yourself put in the position of needing to protect your life.
“I realize that crime of passion, as the prosecution stated it, and according to the law, refers to catching the person you love and trust in the act of infidelity. But the law also refers to heartbreak. A crime of passion due to sudden anger or heartbreak. Heartbreak doesn’t always happen so conveniently in one particular moment. It can also and often does build over time. It happens when you learn of your spouse’s betrayal, including that it wasn’t just recent or minor—if betrayal can ever be deemed minor—but has been going on for years, as is the case in Mr. Starks’s situation. Heartbreak happens when you are forced to live apart from your children, to watch their distress and be unable to do anything about it. To feel you’ve failed them or worry they’ll think you have.”
Parker moved forward until he was two feet from the jury box.
“Mr. Starks has been accused of being an unfaithful husband. No evidence was provided of this. In fact, testimony from witnesses who know him well stated it was not true. Where did this rumor come from? From his wife, who was unfaithful, egregiously so, and was so long before their separation. She admitted to being involved with Mr. Hessinger after the separation, but Mrs. Hayes, if you recall her testimony, who was at the time still her best friend since high school, stated this was not so. I realize Mrs. Starks is not on trial today, but her behaviors and how they affected Mr. Starks must be considered.
“And, yes, Mr. Starks did become involved in another relationship after he and his wife separated. For all intents and purposes, the Starks’s marriage was over. Yet, he still held out hope for their reunion, especially for the sake of their children.
“People deal with emotional pain differently. Some turn to drugs or alcohol. Some shut down and isolate themselves. Some, especially in matters of the heart, may try to find intimacy with another person, as Mr. Starks did. Yet, his love for his wife and children, and the pain of what he’d lost, drove him to approach his wife’s married lover, to let him know the results of his own infidelity.